Court No. - 29
Case :- WRIT - C No. - 15479 of 2018 Petitioner :- M/S Utkarsh Tour And Travels Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Om Narayan Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,J. Hon'ble Jayant Banerji,J.
This petition for writ is preferred to challenge the grant of contract to respondent no. 5.
It is submitted by learned counsel for the petitioner that the case of the petitioner is not properly considered by the respondents to have a tender in pursuance of the notice inviting tender (Annexure- 2 to the writ petition). It is submitted that the tender of financial bid in favour of respondent no. 6 was opened without verifying his eligibility. It is further submitted that respondent no. 6 disclosed itself as a partnership firm but as a matter of fact partnership deed was executed on 17.02.2018 only and last date for submitting tenders as per learned counsel for the petitioner was 17.02.2018 but was extended subsequently up to 20.02.2018.
Learned Standing Counsel after availing necessary instructions submits that the application submitted by the petitioner in pursuance of the notice inviting tender (Annexure- 2) was laconic being not supported by a valid character certificate. It is brought to our notice that the submission of a valid character certificate was a condition precedent for consideration of the bid submitted. So far as the argument advanced with regard to the partnership deed of respondent no. 6 executed on 17.02.2018 is concerned, it would be appropriate to mention that admittedly the last day for submitting tenders was 20.02.2018 and the respondent no. 6 submitted the tender on 17.02.2018 as such there is no wrong in considering candidature of the respondent no. 6.
The writ petition is dismissed being bereft of merit.
Order Date :- 30.4.2018 Rameez .
(Jayant Banerji,J.) (Govind Mathur,J.)